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Nutrition Club Operator Member Agreement
This Operator Club Membership Agreement (“Agreement”) dated as of _____ day of ____________, 20_____, between
The Nutrition Coach, a D.B.A, of Ignite Global Communications, L.L.C., a Limited Liability Company, located at:
1835 Newport Blvd., Suite B121, Costa Mesa, CA 92627, (“Nutrition Club”), and
_______________________________________________________________________________________________
located at: ____________________________________________________________________ (“Operator Member”)
with such Operating Term to begin of _____ day of ____________, 20_____,.
Whereas, Operator Member wishes join Nutrition Club so as to conduct various Nutrition Club approved health and
wellness services (“Services”) within Nutrition Club premises (“Premises”); and,
Whereas, Nutrition Club wishes to provide access to Nutrition Club for Operator Member to conduct various health and
wellness services as an Independent Contractor.
Nutrition Club and Operator Member understand and agree to the following:
SECTION 1: DEFINITIONS: For purposes of this Internship, such Operator Member may request that
Agreement, the material definitions and terms of art are their membership be converted to Premier Operator
defined below: Member, with such change to take effect on the 1st of
the following month with all terms and conditions
a. Services – Nutrition Club approved and authorized within this agreement applying.
health and wellness services provided by
Independent Contractor within Nutrition Club g. Membership Fee – Membership Fee is a fee paid for
premises. access to and usage of the Nutrition Club during
Nutrition Club authorized days and hours. Such Fee
b. Nutrition Club – A Nutrition Club is a physical shall be determined based on the type of Operator
location and premise where health and wellness Member Membership.
services are conducted.
h. Duty Manager – Duty Manager is the Premier
c. Nutrition Club Internship – Forty hour Nutrition Club Operator Member who is in charge of operations
training program conducted within the Nutrition Club behind the serving counter for a specific shift.
premises.
i. Schedule – Schedule is defined as an Operator
d. Operator Member – Herbalife authorized and in Member participating in various roles and
good standing Independent Contractor that conducts responsibilities, as directed by Duty Manager, behind
various health and wellness services within Nutrition the Nutrition Club serving counter.
Club as an authorized Nutrition Club member.
j. FREE Healthy Meal Membership – for the purposes
e. Premier Operator Member – Any Operator Member of this agreement, a FREE Healthy Meal membership
that is a non-partner and has the minimum Herbalife is all FREE Healthy Meal Memberships, which
position of Supervisor and has completed Nutrition include a FREE Herbalife Aloe drink, Tea Drink, and
Club Internship and desires profit sharing. a Smoothie, originating from Premier Operator
Member and their Associate Operator Members.
f. Associate Operator Member – Any Operator
Member that is a non-partner, and has not yet k. PAID Healthy Meal Membership – for the purposes
achieved the minimum position Herbalife Supervisor of this agreement, a PAID Healthy Meal Membership
or is a Supervisor and does not wish to engage in is all paid for memberships, which include a FREE
profit sharing. Upon such Associate Member Herbalife Aloe drink, Tea Drink, and a Smoothie,
achieving the position of Herbalife Supervisor, originating from Premier Operator Member and their
desiring profit sharing, and completing Nutrition Club Associate Operator Members.
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Operator Member Initials Nutrition Club Initials Page 1 of 7
SECTION 2: TERM OF OPERATOR MEMBERSHIP: to exceed the Premier Operator Member
This membership agreement shall begin on the membership fee. In addition Premier Operator
Operating Term date specified above and shall be good Members may also collect a one (1) month deposit
for a 90-day period. Where upon after the completion of of no more than 50% of Premier Member Operator
the first 90-days, membership shall continue on a month Membership. Such Associate Operator Member
to month basis. Operator Member may NOT terminate payment must be collected by Premier Operating
this agreement within the first 90-day period. After the Member directly. The Nutrition Club is not
first 90-days, should Operator Member wish to terminate responsible for collection of rent from any Associate
this agreement, he may do so upon a 30-day written Operating Member. It is the Premier Operator
notice served on the Nutrition Club. Nutrition Club may Member’s sole responsibility to collect all funds for
terminate this agreement upon a 30-day written notice monthly rent from all Associate Operator Members.
served on the Operator Member subject to Operator
Member Maleficence and Three Strike rule terms and e. In the event that Associate Operator Member
conditions as specified herein. Membership Fee is charged by Premier Operator,
such amount shall be due and payable by such
SECTION 3. PREMIER OPERATOR MEMBER: Associate Operator Member to Nutrition Club by the
st
MEMBERSHIP FEES: Premier Operator Member first (1 ) day of the month in advance. On the 5th
membership fees under this agreement shall be as day of the month and payment is not yet received, a
follows: $5 penalty is added every single day of late
payment. On the 20th day of the month, if Associate
a. Premier Operator Member shall pay the amount of Operating Member still has not paid membership
$250.00. fee, the Nutrition Club has the option to immediately
terminate this Agreement.
b. Such Membership Fee Amount shall first be
deducted against any available Operator Member SECTION 5. CONTRIBUTIONS: ALL PREMIER
profit sharing, with any net Membership Fee amount OPERATOR MEMBERS ARE RESPONSIBLE FOR
to be due and payable, by such Operator Member, CONTRIBUTING 2 FORMULA 1 HEALTHY MEALS, 2
st PROTEIN DRINK MIX, 2 SMALL HERBAL TEAS, 2
to Nutrition Club by the first (1 ) day of the month in SMALL HERBAL ALOE MANGO CONCENTRATE
advance. On the 5th day of the month if payment is WITH MEMBERSHIP FEE EACH MONTH (SUCH
not yet received, a $5 penalty is added every CONTRIBUTION SHALL COVER UP TO 60 FREE
additional day of late payment. On the 20th day of HEALTHY MEAL MEMBERSHIPS.) IN THE EVENT
the month, and Operating Member still has not paid SUCH CONTRIBUTIONS ARE NOT USED DURING
membership fee, the Nutrition Club has the option to SUCH MONTHLY PERIOD, SUCH CONTRIBUTIONS
immediately terminate this Agreement. SHALL BE CONSIDERED FORFEIT TO NUTRITION
c. Premier Operator Member also agrees to pay CLUB. If the Premier Operator Member has more than
Nutrition Club a one (1) month deposit equal to one 60 FREE Healthy Meal Memberships they must bring in
(1) month membership upon signing of this one more healthy meal to cover such. If they go above
Agreement. At the end of the first 90-day period, 90 Healthy Meal Memberships they must provide an
Nutrition Club shall return the Premier Operator additional healthy meal, etc. All FREE Healthy Meal
Member’s deposit. Memberships shall be covered by Premier Operator
d. Only One (1) Check per Month, per Operator Member originated by such Premier Operator and their
Member will be accepted. Multiple checks will not be Associate Operator Members.
accepted for the same Station.
SECTION 6. PROFIT SHARING: Each Premier
SECTION 4. ASSOCIATE OPERATOR MEMBER: Operator Member shall participate in Nutrition Club profit
MEMBERSHIP FEES: Associate Operator Member sharing as specified below with such profit sharing to be
membership fees under this agreement shall be as distributed weekly as determined by Nutrition Club:
follows: a. Each Premier Operating Member who is
participating behind the counter for at least 11 hours
a. Premier Operator Member may, at their option, per week and 4 additional hours participation in
charge Associate Operator Member, within their Nutrition Club HOMs, and/or Healthy Lifestyle
Herbalife lineage, no greater than 50% of Premier Events shall receive one dollar ($1.00 USD) for
Operator Member monthly membership fees with every PAID Healthy Meal Membership.
total Associate Operator Member fees collected not
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Operator Member Initials Nutrition Club Initials Page 2 of 7
b. Each Premier Operating Member who is f. Premier Operator Member must be on time for
participating behind the counter for at least 11 hours Schedule shift.
per week shall receive fifty cents ($.50 USD) for
every PAID Healthy Meal Membership. g. In the event Premier Operator Member procures
replacement shift coverage from Associate Operator
c. Operator Member understands that Nutrition Club Member within their first level organization, such
may unilaterally amend such Profit Sharing replacement time will automatically deduct from
requirements as specified above with a thirty (30) Premier Operator Member Schedule required weekly
day written notice. commitment. Such time must be made up in same
week.
SECTION 7. PROFIT SHARING QUALIFICATIONS:
Each Premier Operator Member must comply with ALL h. Membership fees must be paid and in good standing
as specified above.
the requirements specified below in order to receive
profit sharing: i. Health Meal contributions must be up to date and in
good standing.
a. To achieve $1.00 profit share, the Premier Operator
Member must achieve a minimum of 2,500 volumes j. All club required reporting must be up to date and in
th good standing.
per month starting the 4 month after they begin
operating within the Nutrition Club with this In the event that Premier Operator Member is out of
agreement being retroactive pertaining existing pre- compliance, by 5pm within local time zone of the day prior
agreement Operator Members within Nutrition Club to profit sharing distribution, such profit share shall be
premises with such Operator Members given one (1) forfeit for the period such Premier Operator Member is
month grace period from execution of this out of compliance.
agreement. The Nutrition Club may at its exclusive
option waive this specific qualification for a specific SECTION 8. BONUS QUALIFICATIONS: In the event
profit share distribution. Nutrition Club offers production bonus awards, such
bonuses shall be made available to all Operator
b. To achieve $.50 profit share, the Premier Operator Members.
Member must achieve a minimum of 1,250 volumes
th
per month starting the 4 month after they begin SECTION 9. OPERATOR MEMBER OPERATING
operating within the Nutrition Club with this RESPONSIBILITIES: Operator Member shall comply
agreement being retroactive pertaining existing pre- with the following:
agreement Operator Members within Nutrition Club
premises with such Operator Members given one (1) a. Operator Member must diligently complete Nutrition
month grace period from execution of this Club Internship.
agreement. The Nutrition Club may at its exclusive
option waive this specific qualification for a specific b. Operator Member shall conduct themselves morally
profit share distribution. and ethically within the Nutrition Club at all times.
c. Premier Operator Member must be on Schedule at c. Operator Member shall not publically or privately
least one day per week and if needed, up to 2 days disparage anyone directly or indirectly affiliated with
per week, on equal rotation with all Premier the Nutrition Club at any time.
Operator Members.
d. It is the sole responsibility for Premier Operator d. Operator shall willing take direction from Nutrition
Member to find Schedule substitutes to work their club authorized leadership without complaint or
shift or parts of their shift in the event such Operator negativity.
Member is unable work.
e. Operator Member and Operator Member guests,
e. In the event of a substation, Interns with at least 10 customers, invitees and agents shall at all times
hours of Internship training maybe allowed to comply with all property rules and regulations in
substitute for non-Duty Manager Scheduled shifts existence.
subject to Premier Operator Member taking full
responsibility for quality of Intern’s work product in f. Operator Member shall follow all policies, rules, and
which poor quality or absenteeism could result in procedures and present any grievances only to and
Premier Operator Member’s loss of profit share
and/or a strike.
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Operator Member Initials Nutrition Club Initials Page 3 of 7
directly to Nutrition Club Manager or Duty Manager thereof, in as good condition as the same are at the
where appropriate. beginning at the term of this membership, ordinary
wear and tear excepted.
g. All advertising engaged by Operator Member which
refers to Nutrition Club logo, name, and/or address SECTION 12. MEMBERSHIP FEE PAYMENT: All
must receive prior written approval of Nutrition Club. Premier Operator Member membership fees are to be
paid to the following:
h. Operator Member shall keep confidential any
knowledge as to why any other Operating Member Ignite Global Communications, L.L.C.
may have been terminated. 1835 Newport Blvd., Suite B121
Newport Beach, CA 92627
SECTION 10. USE OF NUTRITION CLUB PREMISES:
Operator Member shall comply with the following: SECTION 13. JANITORIAL SERVICE: As specified by
internal Nutrition Club policies, Operator Member shall
a. Operator Member shall use the premises solely for comply in keeping their working Stations as well as all
the operation of a product Station, to conduct common areas including kitchen and restroom clean at
Wellness Profiles, to introduce prospective clients all times as per any cleaning rotations defined within
and business partners, Team Weight Loss current Nutrition Club policies and procedures.
Challenges and Team Meetings.
SECTION 14. ADDITION FEES: No additional fees shall
b. Operator Member shall not use the premises nor be charged to Operator Member other than what is
permit the premises to be used, in any manner that explicitly defined with this agreement.
violates any law, statue, ordinance or regulation now
or hereafter in force and applicable to the premises. SECTION 15: RELATIONSHIP OF PARTIES: It is
understood by the parties that Operator Member is an
c. Operator Member and Operator Member guests, independent contractor with respect to Nutrition Club, and
customers, invitees and agents shall at all times not an employee of the Nutrition Club. Nutrition Club will
comply with all property rules and regulations in not provide fringe benefits, including health insurance
existence. benefits, paid vacation, or any other employee benefit, for
the benefit of Operator Member. Operator Member is
SECTION 11. NUTRITION CLUB MAINTANENCE: considered an Independent Contract for Federal and
Operator Member shall comply with the following: State tax purposes. Furthermore, Operator Member, or
employees of Operator Member, are not covered by any
a. Operator Member covenants and agrees that Worker’s Compensation Insurance of the Nutrition Club.
Operator Member shall at all time keep and maintain In the event Operator Member hires employees,
the premises in a clean and neat condition and in a
good state of repair; and participate in team cleaning Independent Contractor agrees to obtain Worker’s
rotation. Compensation coverage as required by law.
Notwithstanding the preceding, Operator Member is
b. Operator Member will at the expense of Operator subject to the full supervision and control of Nutrition Club
Member promptly repair any damage to the with regard to Operator Member’s performance under this
premises caused by any act or omission of Operator Agreement.
Member or any agent, employee, customer, guest or SECTION 16: OPERATOR MEMBER’S EMPLOYEES:
invitee of Operator Member. Operator Member's employees, if any, who perform
Services within Nutrition Club under this Agreement shall
c. Operator Member will not in any manner deface or also be bound by the provision of this Agreement.
damage the premises or any part thereof. Operator Member's responsibilities include advising its'
employees of the terms of this Agreement and
d. Operator Member will make no structural change or supervising their activities to ensure their compliance with
other alteration to the premises without the prior all of its terms. At the request of Nutrition Club, Operator
written consent of Nutrition Club. Member shall provide adequate evidence that such
persons are Operator Member's employees and are
e. Operator Member will return the premises peaceably bound by the provisions of this Agreement.
and promptly to Nutrition Club at the end of the term
of this agreement, or at any earlier termination
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Operator Member Initials Nutrition Club Initials Page 4 of 7
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